[Added 10-27-1998 by L.L. No. 38-1998; amended 6-8-1999 by L.L. No. 7-1999[1]]
[1]
Editor's Note: This local law renumbered the provisions of the Landmarks and Historic Districts from Art. XXVII to Art. XXVIII and from §§ 330-248 through 330-258 to §§ 330-320 through 330-330.
[Amended 8-12-2003 by L.L. No. 63-2003;[1] 4-12-2005 by L.L. No. 13-2005; 8-9-2005 by L.L. No. 40-2005; 8-12-2008 by L.L. No. 53-2008; 10-11-2011 by L.L. No. 33-2011; 10-11-2011 by L.L. No. 33-2011; 11-10-2015 by L.L. No. 29-2015]; 11-10-2015 by L.L. No. 29-2015; 11-10-2015 by L.L. No. 29-2015; 4-9-2019 by L.L. No. 13-2019; 5-24-2022 by L.L. No. 12-2022; 2-11-2025 by L.L. No. 1-2025]
A. 
The Town Landmarks and Historic Districts Board is hereby established. The Board shall consist of nine Town residents to be appointed by the Town Board and, to the extent available in the community, shall be representative of the entire Southampton Town community and drawn from the following disciplines: architecture, architectural history, archaeology, local history, law, historic preservation and real estate. All members shall have demonstrated significant interest in and commitment to the field of historic preservation or related fields and shall have a known interest in historic, cultural, and architectural development within the Town of Southampton. The Southampton Town Historian shall serve as an ex-officio nonvoting member of the Landmarks and Historic Districts Board.
B. 
Landmarks and Historic Districts Board members shall serve for a term of three years in one of three numerically similar classes of expiring Board appointments, with the exception of the appointment by the Town Board to fill a vacancy or maintain numerically similar classes. Members may serve for more than one term. Incumbent members may serve and vote until their appointed successors qualify.
C. 
The Chairperson and Vice Chairperson shall be designated by the Town Board. Such designation shall expire at the end of each year. In the absence of the Chairperson, the Vice Chairperson shall serve as acting Chairperson. The designation of Chairperson and Vice Chairperson may be withdrawn at the discretion of the Town Board.
D. 
Administrative support for the Landmarks and Historic Districts Board shall be provided by the Department of Land Management, which shall also perform records management, prepare minutes and agendas, and receive and distribute correspondence on behalf of the Board.
E. 
The Landmarks and Historic Districts Board shall adopt rules of procedure as it may deem necessary to the proper exercise of its responsibilities.
F. 
The mission of the Landmarks and Historic Districts Board is to maintain the historic character of the Town by promoting the preservation and protection of its historic landscapes, settings, sites and structures.
G. 
The Landmarks and Historic Districts Board shall be empowered to:
(1) 
Conduct surveys of significant historic, architectural and cultural landmarks and historic districts within the Town.
(2) 
Recommend the designation of significant historic, architectural and cultural landmarks and the establishment of historic districts to the Town Board.
(3) 
Conduct research on the ownership and local history of historic resources to evaluate the historic integrity and historic significance of properties being considered for landmark designation or under review for demolition and/or alteration, including but not limited to site visitations and communication with property owners.
(4) 
Conduct site visits for building condition analysis and/or photographic documentation purposes required for landmark and historic district designations, baseline documentation reports, maintenance award applications, certificate of appropriateness applications and application referrals from the Building Division made pursuant to § 123-9.
(5) 
Compile baseline documentation reports for historic preservation easement acquisitions in coordination with the Community Preservation Department.
(6) 
Increase public awareness of the value of historic, architectural and cultural preservation by developing, implementing and participating in public education programs.
(7) 
Make recommendations to the Town Board concerning the donation or acquisition of historic preservation easements, development rights or other interests in real property as necessary.
(8) 
Make recommendations to the Town Board concerning the utilization of state or private funds to promote the preservation of landmarks and historic districts within the Town of Southampton.
(9) 
Recommend acquisition of a landmark structure or site of historical, cultural or archaeological significance to the Town Board where its preservation is essential to the purposes of this act and where private preservation is not feasible.
(10) 
Make recommendations to the Town Board regarding staff and professional consultants necessary to carry out the duties of the Landmarks and Historic Districts Board.
(11) 
Engage in opportunities for professional development.
(12) 
Approve or disapprove applications for certificates of appropriateness.
(13) 
Submit advisory reports on survey and previously conducted inventories of historical resources of the Town of Southampton or potential historic, cultural or archaeological resources to the Town Board, Zoning Board of Appeals, Planning Board, Architectural Review Board, Conservation Board, or any other Town department, providing historical background and/or information relevant to any application involving or within 200 feet of a potential or recognized historic structure, site, landscape, or setting within the Town, pursuant to § 330-321B(1)(a) through (e) and as defined in § 330-5. Nothing herein shall be construed to require a referral from any of the aforementioned boards, departments or entities to the Landmarks and Historic Districts Board other than as otherwise required by this chapter.
(14) 
Submit reports to county, state and/or national agencies regarding the historic merit of Town sites, settings, landscapes, or structures upon request of the Town Board.
(15) 
Develop potential incentives and programs to encourage the designation, preservation and protection of the Town’s historic resources for consideration by the Town Board.
(16) 
Recommend site selection as Hamlet Heritage Resource Areas.
(17) 
Manage the Landmarks Maintenance Program under the auspices of the Town Board and the Department of Land Management, recommend project recipients, and recommend issuance of award checks, for consideration by the Town Board.
H. 
The Town Landmarks and Historic Districts Board Cultural Resources Subcommittee is hereby established. The Cultural Resources Subcommittee shall consist of at least three Town residents and may include ex-officio members duly recognized by the Landmarks and Historic Districts Board. All members shall have demonstrated significant interest in and commitment to the field of historic preservation or related fields and shall have a known interest in archaeology. The terms of office of the members of the Cultural Resources Subcommittee shall run concurrent with the terms of the Landmarks and Historic Districts Board appointments, unless otherwise designated by the Landmarks and Historic Districts Board.
(1) 
The Cultural Resources Subcommittee shall be empowered to:
(a) 
Research and identify possible historic or archaeologically sensitive lands in the Town of Southampton.
(b) 
Recommend a structured archaeological process for the Town.
(c) 
Make recommendations to the Town Board regarding professional consultants necessary to carry out archaeological services.
(d) 
Review and comment on archaeological reports of sensitive lands in the Town.
(e) 
Work closely with the Landmarks and Historic Districts Board, the Planning Board, and the Town Board to make recommendations regarding archaeologically sensitive lands in the Town, including but not limited to potential burial grounds, sacred sites, and places that may hold subsurface cultural resources.
[1]
Editor's Note: This local law also changed the title of Art. XXVIII to add “and Heritage Resource Areas.”
[Amended 7-24-2001 by L.L. No. 26-2001; 10-11-2011 by L.L. No. 33-2011]
A. 
All applications for the designation of a landmark or historic district shall be available from and submitted to the Department of Land Management and forwarded to the Landmarks and Historic Districts Board for review. Upon a determination of completeness by the Landmarks and Historic Districts Board, the Landmarks and Historic Districts Board shall submit an advisory report to the Town Board and file same with the Town Clerk.
B. 
Upon the submission of an advisory report by the Landmarks and Historic Districts Board, the Town Board may designate landmarks based on the following criteria, after a public hearing in accordance with this article.
[Amended 5-24-2022 by L.L. No. 12-2022]
(1) 
The Town Board may designate an individual property, a portion of a property, a cultural resource or a structure as a landmark if it meets one or more of the following criteria:
(a) 
Possesses special character or historic or aesthetic interest of value as part of the cultural, political, economic or social history of the locality, region, state or nation;
(b) 
Is identified with historic personages or is the site of an historic event in the Town, state, or nation;
(c) 
Embodies the distinguishing characteristics of an architectural type, period, or style or contains elements of design, details, materials or craftsmanship which represent a significant innovation;
(d) 
Is the work of a designer, engineer, builder, artist, or architect whose work has significantly influenced an age; and
(e) 
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
(2) 
The Town Board may designate a group of properties as an historic district after a public hearing in accordance with this article if it:
(a) 
Contains properties which meet one or more of the criteria for designation of a landmark; and
(b) 
By reason of possessing such qualities, it constitutes a distinct section of the Town of Southampton.
C. 
The boundaries of each historic district designated henceforth shall be specified by a survey or map filed by the Landmarks and Historic Districts Board in the Town Clerk's office.
D. 
The Town Board shall refer all proposed designations to the Town Planning Board for an advisory report prior to any action.
E. 
Hearing; notice; actions during designation process.
(1) 
The Town Board shall hold a public hearing prior to designation of any landmark or historic district. As directed in the resolution setting the hearing, notice of a proposed designation of property as either an historic landmark or of its inclusion in an historic district shall be sent by certified mail to the owner(s) of record thereof by the Town Clerk, describing the property proposed and announcing a public hearing by the Town Board to consider the designation. The Town Board shall hold such a public hearing within 45 days of receipt of an advisory report from the Landmarks Board regarding the proposed designation. Notice shall be published in the official newspaper at least 10 days prior to the date of the public hearing.
(2) 
Once the Town Board has authorized the publication of a proposed designation, no building permits for demolition may be issued for a proposed landmark or a structure which constitutes a contributing element of a proposed historic district and no building permits shall be issued for substantial alterations or addition for a proposed landmark or a structure which constitutes a contributing element of a proposed district.
(3) 
Nothing contained in § 330-321E(2) shall prohibit an owner of a property proposed for landmark designation or for inclusion in an historic district from applying for a certificate of appropriateness pursuant to this chapter although the designation process has not been completed.
(4) 
The Town Board shall render a determination within 45 days of the close of the public hearing and written record on the proposed designation.
F. 
At the public hearing, the Town Landmarks and Historic Districts Board, owners and any interested parties may present testimony or documentary evidence which will become part of a record regarding the historic, architectural or cultural importance of the proposed landmark or historic district. The Town Board may request any other information it deems reasonable and necessary to make its determination. The record may also contain staff reports, public comments or other evidence offered outside of the hearing.
G. 
The Town Board may adopt specific and unique criteria for the review of certificates of appropriateness in a newly designated historic district.
H. 
The Town Clerk shall forward notice of each property designated as a landmark and of the boundaries of each designated historic district to the office of the Suffolk County Clerk for recording.
A. 
Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic district which does not involve a change in design, material, color or outward appearance.
B. 
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark on property within an historic district, nor shall any person make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley, without first obtaining a certificate of appropriateness from the Landmarks and Historic Districts Board.
[Amended 10-11-2011 by L.L. No. 33-2011]
[Amended 10-11-2011 by L.L. No. 33-2011]
A. 
In passing upon an application for a certificate of appropriateness, the Landmarks and Historic Districts Board shall not consider changes to interior spaces or consider changes to architectural features that are not visible from a public right-of-way or alley.
B. 
When reviewing plans relating to landmarks or properties within an historic district, the Landmarks and Historic Districts Board shall utilize and be guided by the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as well as the following principles:
[Amended 5-24-2022 by L.L. No. 12-2022]
(1) 
Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible.
(2) 
Any alteration of existing property shall be compatible with its historic character, as well as with the surrounding district.
(3) 
New construction shall be compatible with the district in which it is located.
C. 
In applying the principle of compatibility, the Landmarks and Historic Districts Board shall consider the following factors:
(1) 
The general design, character and appropriateness to the property of the proposed alteration or new construction.
(2) 
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood.
(3) 
Texture, materials and color and their relation to similar features of other properties in the neighborhood.
(4) 
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm of spacing of properties on streets, including setbacks.
(5) 
The importance of historic, architectural or other features to the significance of the property.
D. 
The Landmarks and Historic Districts Board may establish reasonable conditions for approval, including the following:
(1) 
In an application for demolition, the documentation of the building and site by photographs, drawings or other appropriate means.
(2) 
Prior to new construction, where warranted, the investigation for cultural remains on site. Access to any resulting information may be limited to protect archaeological sites.
A. 
Prior to the commencement of any work requiring a certificate of appropriateness, the owner(s) or authorized representative shall file an application for such a certificate with the Department of Land Management. The application shall contain:
(1) 
Name, address and telephone number of applicant.
(2) 
Authorization for owner's agent or representative.
(3) 
Location, Tax Map designation and photographs of the property clearly indicating all public views.
(4) 
Elevation drawings showing existing conditions and proposed changes, if warranted.
(5) 
Perspective drawings, including relationship to adjacent properties, if warranted.
(6) 
Sample of color or materials to be used, if warranted.
(7) 
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property.
(8) 
Any other information which the Board may deem necessary in order to visualize the proposed work.
B. 
Preliminary plans, elevations, sketches and/or proposals may be submitted to the Landmarks and Historic Districts Board by the applicant for a preapplication conference prior to filing an application for a certificate of appropriateness.
[Amended 10-11-2011 by L.L. No. 33-2011]
C. 
No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Landmarks and Historic Districts Board. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit or other approval required by the Town Code of the Town of Southampton.
D. 
The Landmarks and Historic Districts Board shall approve or deny, or approve with modifications, the application within 90 days from receipt of the completed application. The Landmarks and Historic Districts Board may hold a public hearing on the application. If the public hearing is held, public notice shall appear in the official newspaper at least 10 days prior to the hearing, and information relative to the public hearing shall be posted on the subject property by the applicant.
[Amended 10-11-2011 by L.L. No. 33-2011]
E. 
All decisions of the Landmarks and Historic Districts Board shall be in writing and filed with the Town Clerk.
[Amended 10-11-2011 by L.L. No. 33-2011]
[Amended 10-11-2011 by L.L. No. 33-2011; 5-24-2022 by L.L. No. 12-2022]
A. 
An applicant aggrieved by a decision on an application for a certificate of appropriateness may apply for hardship relief. No building permit or demolition permit shall be issued unless a finding that a hardship exists is made by the Landmarks and Historic Districts Board or the Zoning Board of Appeals.
B. 
An applicant seeking hardship relief for a decision on an application for a certificate of appropriateness shall first file an application for a finding of hardship with the Landmarks and Historic Districts Board.
(1) 
The application shall specify which provisions of § 330-326 are the basis of a claim of hardship and the relief sought.
(2) 
The application for hardship relief shall be supported by competent financial evidence.
(3) 
The Landmarks and Historic Districts Board shall begin a review of an application within 30 days of filing and complete a review within 60 days unless extended by mutual consent of the Board and the applicant.
(4) 
A public hearing on an application for hardship relief may be held at the discretion of the Landmarks and Historic Districts Board upon at least 10 days' notice in the official Town newspaper.
(5) 
All decisions on applications for hardship relief shall be in writing and state the reasons for granting or denying the application and shall be filed in the office of the Town Clerk and provided to the applicant.
(6) 
A decision by the Landmarks and Historic Districts Board finding hardship in accordance with the provisions of § 330-326 shall grant appropriate relief.
C. 
A decision by the Landmarks and Historic Districts Board denying a claim of hardship in accordance with the provisions of § 330-326 may be appealed to the Zoning Board of Appeals within 15 days after the filing of a decision by the Landmarks and Historic Districts Board in the office of the Town Clerk.
(1) 
Review by the Zoning Board of Appeals shall be based on the same record that was before the Landmarks and Historic Districts Board and using the same criteria in this chapter.
(2) 
The Zoning Board of Appeals shall hold a public hearing on the hardship application upon at least 10 days' notice in the official Town newspaper.
(3) 
The applicant shall consult in good faith with the Landmarks and Historic Districts Board, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(4) 
All decisions of the Zoning Board of Appeals shall be in writing and filed in the office of the Town Clerk.
[Amended 10-11-2011 by L.L. No. 33-2011; 5-24-2022 by L.L. No. 12-2022]
A. 
An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:
(1) 
The applicant cannot realize a reasonable return, regardless of whether that return represents the most profitable return possible, and provided that lack of return is substantial as demonstrated by competent financial evidence; and
(2) 
The property cannot be adapted for any other use, whether by the current owner or by a prospective purchaser, which would result in a reasonable return; and
(3) 
Efforts to find a purchaser interested in acquiring the property and preserving it have failed; and
(4) 
There is an absence of responsibility on behalf of the applicant for any neglect of maintenance that may have contributed to the hardship; and
(5) 
Any difficulty asserted by the applicant is in no manner self-created.
B. 
An applicant whose certificate of appropriateness for a proposed alteration or proposed construction has been denied may appeal for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that he/she cannot realize a reasonable return, regardless of whether that return represents the most profitable return possible, and provided that lack of return is substantial as demonstrated by competent financial evidence.
[Amended 10-11-2011 by L.L. No. 33-2011; 5-24-2022 by L.L. No. 12-2022]
No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Landmarks and Historic Districts Board, produce a visible detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.
It shall be the duty of the Building Inspector to administer and enforce the provisions of this article.
A. 
Any person aggrieved by a decision of the Zoning Board of Appeals relating to hardship may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
B. 
Any person aggrieved by any other decision of the Landmarks and Historic Districts Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
[Added 8-12-2003 by L.L. No. 63-2003]
A. 
Heritage resources are man-made objects at least 50 years old that are connected to human activity. These resources could be any buildings used to house human or animal activities, i.e., homes, sheds, garages, mills, barns, agricultural buildings, offices, schools, churches, commercial and public-use buildings. It could be structures such as bridges, canals, roads, docks, fences, monuments and sculptures. It could also be burying grounds, trails, archaeological and commemorative or historic sites. These resources, when grouped together, help convey the special heritage of an area.
B. 
Hamlet Heritage Resource Area is an honorary title bestowed in recognition of the special character of a neighborhood, hamlet or area. It honors the properties and the community that has cherished its historic heritage. Properties selected as hamlet heritage resources retain the same current Town rights, uses or regulations. Properties selected as part of Hamlet Heritage Resource Areas are not designated as Town landmarks or Town historic districts. The Hamlet Heritage Resource selection is for honorary purposes only.
[Added 8-12-2003 by L.L. No. 63-2003]
A. 
Any person, organization or board of the Town of Southampton may submit an application to the Town Clerk to nominate a man-made object or group of Historic Resources for selection as a Hamlet Heritage Resource Area.
B. 
Copies of the application shall be forwarded by the Town Clerk to the Department of Land Management, and the Landmarks and Historic Districts Board for review. Upon a determination of completeness by the Landmarks Board, the Department of Land Management and the Landmarks and Historic Districts Board shall submit an advisory report to the Town Board.
C. 
In its advisory report to the Town Board, the following criteria will be considered for selection of a Hamlet Heritage Resource Area by the Landmarks and Historic Districts Board:
(1) 
Date of the heritage resource.
(2) 
The building style of the structure.
(3) 
Compatibility of additions and alterations to the original structure.
(4) 
Association of the heritage resource with a significant architect or builder.
(5) 
Association of the heritage resource with a prominent person.
D. 
The Town Board may schedule a public hearing on the proposed nomination of a Hamlet Heritage Resource Area or publish a notice of complete application and written comment period. A public hearing is not required.
E. 
Upon receipt of the Landmarks and Historic Districts Board's advisory report, the Town Board may consider a resolution approving the site selection as a Hamlet Heritage Resource Area.
F. 
Upon selection as a Hamlet Heritage Resource Area, the description and the location of the man-made object or group of historic resources so selected as a Hamlet Heritage Resource Area shall be listed in a directory entitled "Heritage Resource Areas" to be maintained by the Landmarks and Historic Districts Board. Said directory shall be maintained on file in the Department of Land Management and the office of the Town Clerk.
[Added 8-25-2020 by L.L. No. 7-2020]
A. 
Definitions. As used in this section, the following words shall have the meanings indicated:
TOWN ARCHEOLOGIST
A certified archeologist/anthropologist appointed by the Town Board in consultation with the Southampton Town and Shinnecock Nation Joint Cultural Heritage Protection Committee and the Southampton Historic Burying Ground Committee.
UNMARKED GRAVE
Any location, not designated as a cemetery, where any human skeletal remains which may or may not be accompanied by associated burial artifacts or any location, including any burial mound or earthen or shell monument, where human skeletal remains inclusive of any associated burial artifacts are discovered or believed to exist on the basis of archaeological or historical evidence, excluding any burial marked or previously marked by a tomb, monument, gravestone, or other structure or thing placed or designed as a memorial of the dead.
B. 
Reporting requirements for the discovery of an unmarked burial site and process. When any person discovers an unmarked grave on public or private property within the unincorporated portions of Town of Southampton, he or she shall:
(1) 
Immediately cease all construction activities and secure the site from any further disturbance;
(2) 
Immediately notify the Southampton Town Police Department;
(3) 
After the Southampton Town Police Department has investigated the site, with the assistance of any local, state or federal agencies necessary, construction activities may resume only if the Southampton Town Police Department determines that the remains are not human. In the event the remains are found to be human, Suffolk County Medical Examiner will be notified. Upon notification, the Town of Southampton Supervisor or his/her designee will notify the Town Archeologist;
(4) 
The Town Archeologist will have the following responsibilities:
(a) 
Within 24 hours of being notified, he/she shall notify the Southampton Town and Shinnecock Indian Nation Joint Cultural Heritage Protection Committee and Stewardship Committee (hereinafter the "Joint Committee") and the Southampton Historic Burying Ground Committee (hereinafter the "Town Committee") (hereinafter collectively referred to as the "Committees") for guidance and assistance in accomplishing the necessary tasks to properly treat the remains with dignity and respect;
(b) 
As soon as possible upon clearance from the Southampton Town Police Department and/or other appropriate law enforcement agencies, shall inspect the remains and site and determine the boundaries of the burial site;
(c) 
Determine the lineal decedents and/or culturally affiliated group;
(d) 
Work with the landowner, Committee and/or lineal decedents or culturally affiliated group to develop a disposition plan for the remains which may include a re-internment or disturbance avoidance measures
(5) 
Within 36 hours of notification the Committees, a representative from each of the Committees will contact the landowner. Jointly the committees shall obtain the information from the archeologist as to the lineal decedents and/or cultural affiliation of the remains. In the event the remains are not of Native American decent, the Southampton Historic Burying Ground Committee will be charged with stewardship of the remains and notification of the lineal decedents and/or cultural affiliated group for purposes of disposition. In the event the Archeologist is not able to determine the lineal decedents and or culturally affiliated group, the remains will be in the control and stewardship of the committee to develop a disposition plan. In the event said human remains are of Native American Ancestry, within 36 hours of such notification, the Joint Committee will:
(a) 
Notify the lineal decedents and/or culturally affiliated group and work with them to develop a plan for the disposition of the remains.
(b) 
During this time, the Joint Committee will make themselves available to the landowner and the landowner is encouraged to work with the Committee during this process to develop such a plan for the disposition of the remains which may consist of a re-interment and/or an avoidance plan and assist in obtaining the necessary permits therefor.
(c) 
Notify the State Office of Parks and Historic Resources.
(d) 
The Joint Committee will have stewardship of Native American human remains and funerary objects removed from the site from the time it receives notification from the landowner subject to Subsection B(3) and (4) above until the lineal decedents are notified at which point it shall be up to that group to take stewardship if they choose. It shall be their option if they wish the Committee to retain Stewardship control.
(6) 
Where any disposition of remains necessitates an additional review and or approval by the Town of Southampton, such review and approval will be placed on expedited track and it will be given an administrative review where not inconsistent with other laws and, upon request, fees in connection therewith will be considered for waiver by resolution of the Town Board.
(7) 
At any time during this process, upon request of the landowner, The Town will make a referral to the Town’s Community Preservation Fund for eligibility determination for preservation.
C. 
Town referral of projects on Town-owned land. Prior to the preparation or approval of the final design or plan of any project undertaken by a Town agency located on Town-owned property, outside the incorporated areas of the Town, said plan shall be referred to the Town Archeologist to undertake a diligent inquiry not inconsistent with the evaluation employed as part of the CPF acquisition program to determine whether any aspect of the project will effect a disturbance of a known or suspected burial site for which a culturally affiliated Native American Tribe or group or lineal decedents can be identified. In such a case where same can be identified, Archeologist will work with and council the Town as to how same may be avoided.
D. 
Unauthorized removal of remains. If not otherwise allowed herein, it shall be unlawful to remove human remains or associated funerary objects from a burial site identified hereunder.
E. 
Unlawful treatment of remains. It shall be unlawful to deface or destroy a burial site, human remains and associated funerary objects as identified hereunder with intent to sell such remains or artifacts.
F. 
Penalties.
(1) 
Any person found guilty of failing to report the discovery of an unmarked grave with human remains to the Southampton Police Department in violation of § 330-333 of this chapter shall be guilty of an unclassified misdemeanor which shall be punishable by a fine of not less than $10,000 or by imprisonment for a period fixed by the Court but not to exceed 15 days or both.
(2) 
Any person, other than those designated herein as allowed, found guilty of removing human remains or associated funerary objects from the burial site shall be guilty of an unclassified misdemeanor which shall be punishable by a fine of not less than $10,000 or by imprisonment for a period fixed by the Court but not to exceed 15 days or both.
(3) 
Any person found guilty of defacing or destroying a burial site, human remains and associated funerary objects with intent to sell such remains or artifacts, or who sells or attempts to sell human remains or funerary objects, shall be guilty of an unclassified misdemeanor which shall be punishable by a fine of not less than $50,000 or imprisonment for a period fixed by the Court but not to exceed 30 days or both.
(4) 
All in addition to any other crimes, offenses, misdemeanors or felonies which may properly be brought pursuant to the laws of and by the State of New York under separate jurisdiction.
[Added 12-21-2023 by L.L. No. 43-2023]
A. 
Purpose. The purpose of the Bridgehampton Bull's Head - Main Street Historic Overlay District is to codify the Town Board designation of the "Bridgehampton Bull's Head - Main Street Historic District" in order to protect and preserve the identity of this historic community, its sense of place, unique character, and historically significant structures.
B. 
Applicability.
(1) 
This section shall apply to the Bridgehampton Bull's Head - Main Street Historic Overlay District, which shall encompass the group of properties shown on the Zoning Map of the Town of Southampton.
(2) 
When the regulations and permitted uses of a zoning district conflict with those of the Bridgehampton Bulls Head - Main Street Historic Overlay District, the more restrictive standards shall apply.
C. 
Definitions. In addition to other definitions set forth in this chapter, the following definitions shall apply to this section:
CONTRIBUTING RESOURCE
Meets the definition of "Landmark, Historical or Cultural" as defined in § 330-5 and/or the criteria for designation as an individual Landmark pursuant to § 330-321B of this chapter.
D. 
Contributing resources. The following properties are Contributing Resources within the Bridgehampton Bulls Head - Main Street Historic Overlay District.
Suffolk County Tax Map Number
Street Address
Resource Criteria
No Tax Map
Founders Monument (Intersection of Montauk Hwy. and Ocean Rd.)
Contributing Resource
900-69-5-7.1
23 Corwith Avenue
Contributing Resource
900-69-5-9
2400 Montauk Highway
Contributing Resource
900-69-5-10
2402 Montauk Highway
Contributing Resource
900-69-2-17.8
2266 Montauk Highway
Contributing Resource
900-69-2-21.1
2350 Montauk Highway
Contributing Resource
900-69-2-22
2368 Montauk Highway
Contributing Resource
900-69-5-11.1
2408 Montauk Highway
Contributing Resource
900-69-5-11.3
2414 Montauk Highway
Contributing Resource
900-69-5-11.5
2418 Montauk Highway
Contributing Resource
900-69-5-11.6
2422 Montauk Highway
Contributing Resource
900-69-5-11.7
2424 Montauk Highway
Contributing Resource
900-69-5-12
2426 Montauk Highway
Contributing Resource
900-69-5-14
2434 Montauk Highway
Contributing Resource
900-69-5-17
2442 Montauk Highway
Contributing Resource
900-69-5-18.1
2446 Montauk Highway
Contributing Resource
900-69-5-19.1
2450 Montauk Highway
Contributing Resource
900-69-5-20
2454 Montauk Highway
Contributing Resource
900-69-5-23
2462 Montauk Highway
Contributing Resource
900-69-5-24
2466 Montauk Highway
Contributing Resource
900-69-5-25
2468 Montauk Highway
Contributing Resource
900-69-5-26
2478 Montauk Highway
Contributing Resource
900-69-5-29
2486 Montauk Highway
Contributing Resource
900-69-5-34.1
2488 Montauk Highway
Contributing Resource
900-71-1-35
39 Lumber Lane
Contributing Resource
900-71-3-8.1
1 Bridgehampton Sag Harbor Turnpike
Contributing Resource
900-85-1-21
2214 Montauk Highway
Contributing Resource
900-85-1-27.1
2200 Montauk Highway
Contributing Resource
900-86-1-1
2273 Montauk Highway
Contributing Resource
900-86-1-4
2309 Montauk Highway
Contributing Resource
900-86-1-8.3
2357 Montauk Highway
Contributing Resource
900-86-1-18
2247 Montauk Highway
Contributing Resource
900-86-2-1.3
2385 Montauk Highway
Contributing Resource
900-86-2-2
2395 Montauk Highway
Contributing Resource
900-86-2-3
2397 Montauk Highway
Contributing Resource
900-86-2-4
2405 Montauk Highway
Contributing Resource
900-86-2-14.2
2463 Montauk Highway
Contributing Resource
900-86-2-15
2479 Montauk Highway
Contributing Resource
900-86-2-16
2487 Montauk Highway
Contributing Resource
900-86-2-17
2489 Montauk Highway
Contributing Resource
900-86-2-18
2491 Montauk Highway
Contributing Resource
900-86-2-19
2493 Montauk Highway
Contributing Resource
900-86-2-20
2495 Montauk Highway
Contributing Resource
900-86-2-22.1
30 Ocean Road
Contributing Resource
900-86-2-27.1
32 Hull Lane
Contributing Resource
900-86-2-57.5
2429 Montauk Highway
Contributing Resource
900-86-2-57.6
2415 Montauk Highway
Contributing Resource
900-88-1-1.1
2539 Montauk Highway
Contributing Resource
E. 
Non-contributing resources. The following properties are Non-contributing Resources within the Bridgehampton Bulls Head - Main Street Historic Overlay District:
Suffolk County Tax Map Number
Street Address
Resource Criteria
900-69-5-8
19 Corwith Avenue
Non-contributing
900-69-2-10.2
50 Corwith Avenue
Non-contributing
900-69-2-17.5
2272 Montauk Highway
Non-contributing
900-69-2-17.7
2252 Montauk Highway
Non-contributing
900-69-2-19
2322 Montauk Highway
Non-contributing
900-69-2-23
Newman Village Condominium
Non-contributing
900-69.1-1-1
2284 Main Street, Unit 1
Non-contributing
900-69.1-1-2
2286 Main Street, Unit 2
Non-contributing
900-69.1-1-3
2288 Main Street, Unit 3
Non-contributing
900-69.1-1-4
2290 Main Street, Unit 4
Non-contributing
900-69.1-1-5
2292 Main Street, Unit 5
Non-contributing
900-69.1-1-6
2294 Main Street, Unit 6
Non-contributing
900-69.1-1-7
2296 Main Street, Unit 7
Non-contributing
900-69.1-1-8
2298 Main Street, Unit 8
Non-contributing
900-69.1-1-9
2300 Main Street, Unit 9
Non-contributing
900-69.1-1-10
2302 Main Street, Unit A
Non-contributing
900-69.1-1-11
2304 Main Street, Unit B
Non-contributing
900-69-1-1-12
2306 Main Street, Unit C
Non-contributing
900-69.1-1-13
2308 Main Street, Unit D
Non-contributing
900-69.1-1-14
2310 Main Street, Unit E
Non-contributing
900-69.1-1-15
2312 Main Street, Unit F
Non-contributing
900-69.1-1-16
2314 Main Street
Non-contributing
900-69-5-13
41 Montauk Highway
Non-contributing
900-69-5-36.1
2510 Montauk Highway
Non-contributing
900-85-1-20.1
2228 Montauk Highway
Non-contributing
900-85-2-4
2155 Montauk Highway
Non-contributing
900-85-2-5
2167 Montauk Highway
Non-contributing
900-85-2-6
2173 Montauk Highway
Non-contributing
900-85-2-7
2183 Montauk Highway
Non-contributing
900-85-2-8
2195 Montauk Highway
Non-contributing
900-85-2-9
2209 Montauk Highway
Non-contributing
900-85-2-10
2221 Montauk Highway
Non-contributing
900-85-2-12.1
2231 Montauk Highway
Non-contributing
900-86-1-2
2287 Montauk Highway
Non-contributing
900-86-1-3
2297 Montauk Highway
Non-contributing
900-86-1-5
2317 Montauk Highway
Non-contributing
900-86-1-6
2331 Montauk Highway
Non-contributing
900-86-1-7
2339 Montauk Highway
Non-contributing
900-86-2-1.1
2393 Montauk Highway
Non-contributing
900-86-2-1.4
2389 Montauk Highway
Non-contributing
900-86-2-5
2411 Montauk Highway
Non-contributing
900-86-2-7.4
95 School Street
Non-contributing
900-86-2-7.5
97 School Street
Non-contributing
900-86-2-8
89 School Street
Non-contributing
900-86-2-31.1
2425 Montauk Highway
Non-contributing
900-86-2-57.2
99 School Street
Non-contributing
F. 
Certificates of appropriateness.
(1) 
A certificate of appropriateness from the Landmarks and Historic Districts Board shall be required in accordance with the provisions of § 330-322 through § 330-326 of this chapter prior to any work affecting the exterior of any property or structure upon a property within the Bridgehampton Bulls Head - Main Street Historic Overlay District, including but not limited to exterior alteration, restoration, reconstruction, demolition, new construction, moving existing structures, and material changes in the exterior appearance of the property or structure that are visible from a public street or alley such as light fixtures, signs, sidewalks, fences, steps, paving.
(2) 
A certificate of appropriateness shall not be required for ordinary maintenance and repair of any exterior architectural feature of a property or structure within the Bridgehampton Bulls Head - Main Street Historic Overlay District, so long as such maintenance and repair does not involve a change in design, material, color or outward appearance.
(3) 
In addition to the criteria for approval of a certificate of appropriateness in § 330-323, the Landmarks and Historic Districts Board shall be guided by the design guidelines established by the Landmarks and Historic Districts Board in the publication prepared by the Town Historian, titled "Bridgehampton's Historic Hamlet Review and Design Guidelines," and the Secretary of Interior's Standards for Rehabilitation and the Guidelines for Rehabilitating Historic Buildings (most recent editions).